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Proposed Federal Gun Legislation HB38

Legislation Overview

Subject: Crime and law enforcement: Civil actions and liability: Firearms and explosives: Intergovernmental relations: Judicial procedure and administration: Land use and conservation: Legal fees and court costs: Parks, recreation areas, trails: State and local government operations: Wilderness and natural areas, wildlife refuges, wild rivers, habitats

Description: Concealed Carry Reciprocity Act of 2017 TITLE I--CONCEALED CARRY RECIPROCITY ACT OF 2017 (Sec. 101) This bill amends the federal criminal code to allow a qualified individual to carry a concealed handgun into or possess a concealed handgun in another state that allows individuals to carry concealed firearms. A qualified individual must: (1) be eligible to possess, transport, or receive a firearm under federal law; (2) carry a valid photo identification document; and (3) carry a valid concealed carry permit issued by any state or be eligible to carry a concealed firearm in his or her state of residence. Additionally, the bill specifies that a qualified individual who lawfully carries or possesses a concealed handgun in another state: (1) is not subject to the federal prohibition on possessing a firearm in a school zone, and (2) may carry or possess the concealed handgun in federally owned lands that are open to the public. (Sec. 102) This bill does not prohibit a law enforcement officer with reasonable suspicion of a violation of any law from conducting a brief investigative stop in accordance with the U.S. Constitution. (Sec. 103) It specifies that certain retired and off-duty law enforcement officers who are authorized to carry concealed firearms are not subject to the federal prohibitions on possessing or discharging a firearm in a school zone. (Sec. 104) It permits a federal judge to carry a concealed firearm in any state if the judge is not prohibited from receiving a firearm under federal law. TITLE II--FIX NICS ACT Fix NICS Act of 2017 (Sec. 202) This bill amends the Brady Handgun Violence Prevention Act to require each federal agency and department, including a federal court, to: certify whether it has provided to the National Instant Criminal Background Check System (NICS) disqualifying records of persons prohibited from receiving or possessing a firearm, and establish and substantially comply with an implementation plan to maximize record submissions and verify their accuracy. (Sec. 203) The bill amends the NICS Improvement Amendments Act of 2007 to modify the NICS Act Record Improvement Program (NARIP). Specifically, it: establishes a domestic abuse and violence prevention initiative as a priority area for NARIP grant funding, and creates a funding preference for states that establish an implementation plan and use grant funds to upload felony conviction and domestic violence records. (Sec. 204) It amends the Crime Identification Technology Act of 1998 to modify the National Criminal History Improvement Program (NCHIP). Specifically, it: specifies that facilitating full participation in the NICS, as an allowable use of NCHIP grant funds, includes increasing efforts to pre-validate felony conviction and domestic violence records to expedite eligibility determinations; and permits the federal share of a grant to exceed 90% of program costs if a state complies with its implementation plan. (Sec. 205) This section amends the NICS Improvement Amendments Act of 2007 to: direct the Department of Justice (DOJ), in coordination with each state or tribal government, to establish an implementation plan, including benchmarks, to maximize the automation and submission of mental health and criminal history records to the NICS; require DOJ to conduct, and publish the results of, compliance determinations for state and tribal governments; give preference to certain discretionary grant applicants that substantially comply with an implementation plan; and require the NICS to notify law enforcement agencies when a firearm is transferred to a person who is subsequently determined to be prohibited from receiving or possessing a firearm. (Sec. 206) DOJ's Bureau of Justice Assistance must report to Congress on the use of bump stocks in the commission of crimes, including the number of instances and the types of firearms. (Sec. 207) The bill authorizes appropriations for FY2018-FY2022 to carry out activities under this title.

Session: 115th Congress

Last Action: Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Last Action Date: December 7, 2017

Link: NA

Sponsors

Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.

Percentage of House Of Representatives sponsoring bill: 49% (214 of 435)

History

Chamber

Date

Action

Senate

Dec 7, 2017

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

House

Dec 6, 2017

Rule provides for consideration of H.R. 38 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.

House

Dec 6, 2017

DEBATE - The House proceeded with one hour of debate on H.R. 38.

House

Dec 6, 2017

The previous question was ordered pursuant to the rule.

House

Dec 6, 2017

Mr. Thompson (CA) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H9701)

House

Dec 6, 2017

DEBATE - The House proceeded with 10 minutes of debate on the Thompson (CA) motion to recommit with instructions. The instructions contained in the motion seek to report the bill back to the House with an amendment to prohibit an individual who has been convicted of a violent crime within the preceding three years from possessing or carrying a concealed handgun in a State that by law prohibits a person from doing so on the basis of a conviction for such offense. The amendment also outlines what is considered a violent crime, and a conviction.

House

Dec 6, 2017

The previous question on the motion to recommit with instructions was ordered without objection.

House

Dec 6, 2017

On motion to recommit with instructions Failed by the Yeas and Nays: 190 - 236 (Roll no. 662).

Considered under the provisions of rule H. Res. 645. (consideration: CR H9685-9703)

House

Dec 5, 2017

Rules Committee Resolution H. Res. 645 Reported to House. Rule provides for consideration of H.R. 38 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.

House

Dec 4, 2017

Reported (Amended) by the Committee on Judiciary. H. Rept. 115-433.

House

Dec 4, 2017

Placed on the Union Calendar, Calendar No. 320.

House

Nov 29, 2017

Committee Consideration and Mark-up Session Held.

House

Nov 29, 2017

Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 11.

House

Jan 12, 2017

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.